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1. The Plaintiff:
A. Defendant A and B jointly and severally agreed on KRW 63,341,476 and KRW 42,550,178 among themselves.
Reasons
1. Facts of recognition;
A. On July 4, 2011, the Plaintiff entered into a guarantee insurance contract with Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) with the insurance coverage amounting to KRW 50 million, and the insurance coverage period from July 8, 2011 to July 7, 2012 (hereinafter referred to as “Defendant A”) to guarantee the obligation to pay credit goods to Defendant A (hereinafter referred to as “the instant guarantee insurance contract”).
B. Defendant A, the representative director of Defendant A, jointly and severally guaranteed the indemnity liability owed by Defendant A to the Plaintiff according to the instant guarantee insurance contract, and Party E jointly and severally guaranteed the indemnity liability within the limit of KRW 65 million.
C. Since then, Defendant A did not pay the credit goods price, Mando claimed insurance proceeds to the Plaintiff. On August 17, 2012, the Plaintiff paid KRW 42,550,178 insurance proceeds to Mando.
The damages for delay incurred until December 31, 2015 with respect to the above insurance proceeds are KRW 20,791,298, and the agreed damages for delay is 12% per annum.
E. On May 19, 2015, E died, and the Defendant C and D, who is his wife, succeeded to the inheritance of Defendant B and C, who is his wife. The inheritance shares are three-seven shares in Defendant B, and are two-seven shares in Defendant C and D.
F. On August 11, 2015, Defendant C and D reported qualified acceptance by the said court on August 12, 2015, by filing a report on qualified acceptance with the Changwon District Court 2015-Ma162.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 3, and Gap evidence 2-11, the purport of the whole pleadings
2. According to the above facts found, the Defendants are obligated to pay the following money to the Plaintiff.
Defendant A and B jointly and severally agreed KRW 63,341,476 (i.e., KRW 42,50,178 for delay damages of KRW 20,791,298) and KRW 42,550,178 for KRW 42,58 from January 1, 2016 to September 14, 2017, the date of the final delivery of the complaint in this case, are 12% per annum, and the litigation promotion from the following day to the date of full payment.